Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor
Division of the Budget
February 22, 2023
The Honorable Stephen Owens, Chairperson
House Committee on Corrections and Juvenile Justice
300 SW 10th Avenue, Room 546-S
Topeka, Kansas 66612
Dear Representative Owens:
SUBJECT: Fiscal Note for HB 2385 by House Committee on Corrections and Juvenile
Justice
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2385 is
respectfully submitted to your committee.
HB 2385 would create an inference of an intent to distribute a controlled substance based
on the quantity of the substance possessed instead of a rebuttable presumption if the inference is
supported by the facts and the defendant possesses quantities of the controlled substances in
amounts specified by statute. The bill would also amend statute regarding rules of evidence to
establish that a presumption or inference against the defendant created by statue or common law,
including a presumption or inference that certain facts are prima facie evidence of another fact or
of the defendant’s guilt, is permissive. The trier of fact could accept or reject the presumption or
inference, and judges would be prohibited from instructing a jury on the presumption or inference
unless supported by facts. The bill would require the judge’s instructions to state that the jury may
consider the presumption or inference along with all other evidence in the case, the jury could
accept or reject the presumption or inference in determining whether the prosecution has met the
burden of proof, and the burden of proof never shifts to the defendant.
The Kansas Sentencing Commission estimates that enactment of HB 2385 could have an
effect on prison admissions and bed space, but that this effect cannot be determined at this time.
The current estimated available bed capacity is 9,428 for males and 936 for females. Based upon
the Commission’s most recent ten-year projection contained in its FY 2023 Adult Inmate Prison
Population Projections report, it is estimated that the year-end population will total 7,933 male
and 764 female inmates in FY 2023 and 8,043 male and 740 female inmates in FY 2024.
The Honorable Stephen Owens, Chairperson
Page 2—HB 2385
The Office of Judicial Administration and the Department of Corrections indicate
enactment of the bill would not have a fiscal effect. Any fiscal effect associated with HB 2385 is
not reflected in The FY 2024 Governor’s Budget Report.
Sincerely,
Adam Proffitt
Director of the Budget
cc: Randy Bowman, Department of Corrections
Vicki Jacobsen, Judiciary
Scott Schultz, Sentencing Commission